Company Must Pay Workers' Comp to Illegal
Immigrant

October 20, 2005 (PLANSPONSOR.com) - California's
2nd District Court of Appeals has ruled that the federal
Immigration Reform and Control Act of 1986 (IRCA) does not
pre-empt California laws holding employers liable for injured
employees regardless of such workers' immigration
status.

The court’s ruling in Farmers Brothers Coffee
vs. Workers’ Compensation Appeals Board upholds
previous findings by a workers’ comp judge and the state
Workers’ Compensation Appeals Board, according to
Business Insurance.

The court found that Congress did not intend to
preempt state labor laws when it passed IRCA, which
provides penalties for employers that hire illegal
immigrants.

In addition, according to Business Insurance, the
appellate court found that an illegal immigrant’s use
of a fraudulent Social Security card and number to obtain
employment and file a workers’ compensation claim did not
violate a state anti-fraud insurance code.
The employee in the case had not been convicted of
fraud which is necessary to render a worker ineligible for
compensation.